Federal Issues Update
Appropriations Process Continues,
Conferees Produce a Concurrent FY16 Budget Resolution
The annual budget and appropriations process was in full swing
this week as House appropriators continued to press ahead with
consideration of several of the fiscal year 2016 spending bills.
On April 29, the lower chamber began debate on an Energy and
Water funding package, as well as a Military
Construction-Veterans Affairs spending bill. It should be noted
that President Obama has threatened to veto both measures and has
warned lawmakers of his intent to issue similar threats to any
fiscal year 2016 spending bill that adheres to the
sequestration-level funding caps dictated by the Budget Control
Act (PL 112-25).
Despite its reputation as one of the least controversial spending
measures, the $76.6 billion Military Construction legislation (HR
2029) faced substantial resistance on the House floor this week.
Bolstered by the Obama administration’s veto threats, Democrats
mobilized against the typically bipartisan bill. Further
uncertainty ensued as the chamber considered a series of
amendments that would have prevented the use of off-budget war
funding to evade spending limitations on the Pentagon’s regular
budget. After rejecting three such amendments, House GOP leaders
were able to advance the bill by a vote of 255-163. In the end,
nearly 160 Democrats voted against the final measure, which is a
notable departure from previous years when there has been near
unanimous support for the measure.
With regard to the Energy & Water spending bill, the legislation
(HR 2028) would provide a total of $35.4 billion in discretionary
funding – $1.2 billion above current levels and $633 million
below the administration’s budget request – for the Army Corps of
Engineers, Department of the Interior, and other agencies. Among
other things, HR 2028 includes language that would block the
Obama administration’s proposed rule defining “Waters of the
United States” (WOTUS). The measure also would restrict the
application of the Clean Water Act in certain agricultural areas,
including farm ponds and irrigation ditches (see section below
for additional discussion on WOTUS).
At the committee level, the House Appropriations Committee
recently approved spending levels (known as 302(b) allocations)
for all twelve annual appropriations bills. The full committee
also advanced its Legislative Branch spending measure.
Additionally, the House Transportation-Housing and Urban
Development (T-HUD) Appropriations Subcommittee cleared on April
29 its fiscal year 2016 spending legislation. In total, the bill
would provide $55.3 billion in discretionary spending, which is
$1.5 billion above the fiscal year 2015 enacted level. However,
most of the additional funding will be used to offset a
significant decline in receipts from the Federal Housing
Administration. Accordingly, the bill would only provide about
$25 million more than current spending.
Of interest to California’s counties, the T-HUD legislation
proposes level funding for highway programs (contingent on
Congress reauthorizing MAP-21) and the Community Development
Block Grant (CDBG). The bill also provides a slight boost in
funding for Homeless Assistance Grants. However, the legislation
would only designate $100 million for the popular TIGER grant
program, which is $400 million less than current spending.
In related budgetary developments, a bicameral conference
committee reached an agreement this week that will pave the way
for Congress to clear a final budget resolution for the first
time in five years. Not only does the budget resolution (S Con
Res 11) prescribe a top-line spending figure for fiscal year
2016, it outlines a framework for balancing the budget by fiscal
year 2024, primarily by reducing spending levels.
Democrats, for the most part, are united in their opposition to
the budget blueprint largely because of its proposed cuts to
domestic spending, as well as its planned repeal of the
Affordable Care Act. The House adopted the fiscal year 2016
budget resolution on April 30 on a 226-197 vote, sending it to
the Senate where a final vote is expected next week.
Finally, the Senate adopted last week an anti-trafficking bill -
the Justice for Victims of Trafficking Act (S 178) – after weeks
of partisan debate over an abortion-related policy rider. Senate
leaders reached an agreement to water down the controversial
language, allowing for passage on a 99-0 vote. If approved by the
House and ultimately enacted into law, the legislation would
provide competitive grant funding to state and local entities to
enhance collaboration and provide services to youth trafficking
victims.
MAP-21 Reauthorization
Led by Representative Jeff Denham (R-CA), 34 members of the
California congressional delegation sent a letter last week to
leaders of the House Transportation & Infrastructure (T&I)
Committee regarding the need for Congress to create a dedicated
funding stream for locally-owned bridges that are on the
Federal-Aid Highway System. CSAC worked closely with Congressman
Denham’s office on the development of the correspondence and
helped secure the support of a number of lawmakers for this
important effort.
In California, unlike most other states, over 50 percent of
locally-owned bridges are on the Federal-Aid Highway System.
While local off-system bridges receive a special funding
set-aside under MAP-21, on-system bridges do not have a dedicated
funding source. As a result, on-system bridge projects must
compete for limited dollars, meaning many are left
shortchanged.
Across Capitol Hill, Senator Dianne Feinstein (D-CA) sent last
week a similar letter regarding the need for on-system bridge
funding to the Senate Committee on Environment and Public Works
(EPW). It should be noted that Senator Feinstein directed her
staff to develop the correspondence following a meeting with CSAC
earlier this year.
Waters of the United States
As reported above, the fiscal year 2016 Energy & Water
Development spending legislation includes language that would
prohibit the Obama administration from moving forward with its
proposed WOTUS rule. In addition to attempting to use the fiscal
year 2016 appropriations process to thwart the administration’s
proposal, congressional Republicans have undertaken other steps
to impede the effort.
On Wednesday, April 29, the House Rules Committee approved a
resolution (H Res 231) that provides the parameters for the
upcoming floor debate over legislation (HR 1732) that would
prohibit EPA and the Corps from finalizing or implementing the
WOTUS rule. The committee approved the resolution, which will
allow for one-hour of debate on HR 1732, on an 8-3 vote.
The underlying WOTUS legislation, which the House Transportation
and Infrastructure Committee cleared on April 15 by a 36-22
margin, would require EPA and the Corps to withdraw the proposed
rule within 30 days of the legislation’s enactment. In addition,
the measure would require the agencies to develop a new proposal
with advice and recommendations from state and local governments,
as well as provide a detailed explanation of how the new proposed
rule recognizes, preserves, and protects the primary rights and
responsibilities of states to protect water quality and
plan/control the development and use of land and water resources
in the states.
Debate on HR 1732 is expected to occur the week of May
11
In other developments, Senator John Barrasso (R-WY) introduced on
Thursday, April 30 a similar WOTUS proposal. The legislation (S
1140) is cosponsored by Senate Majority Leader Mitch McConnell
(R-KY), as well as the chairman of the Environment & Public Works
Committee, Senator James Inhofe (R-OK). In addition to Senators
Barrasso, McConnell, and Inhofe, nine other senators – five
Republicans and four Democrats – have cosponsored the
measure.
Specifically, S 1140 would require EPA and the Corps to issue a
revised WOTUS rule. Furthermore, the bill prescribes which bodies
of waters should and should not be considered waters of the
United States and therefore subject to regulation under the Clean
Water Act. Under the legislation, the following bodies and types
of waters would be excluded from agency regulation: isolated
ponds, ditches, agriculture water, storm water, groundwater,
floodwater, municipal water supply systems, wastewater management
systems, and streams without enough flow to carry pollutants to
navigable waters. The legislation also would require the Agencies
to undertake certain analyses and consultations pursuant to
several existing laws, regulations, and executive orders.
Finally, Senator Jeff Flake (R-AZ), along with Senators John
McCain (R-AZ) and Deb Fischer (R-NE), introduced on April 30 a
bill that would prohibit implementation of the WOTUS rule until
certain scientific reviews have taken place. Specifically, the
legislation would require a “Supplemental Scientific Review
Panel” and an “Ephemeral and Intermittent Streams Advisory
Committee” – which would consist of subject-area experts
appointed largely by members of Congress – to undertake
scientific analyses and produce certain reports regarding
criteria that defines whether a water body or wetland has a
significant nexus to a traditional navigable water.